A US judge has denied Burger King’s request to dismiss a lawsuit claiming that it has fooled starved customers by making its Whopper burger seem bigger than it is.
Roy Altman, US District Judge in Miami stated that Burger King must defend against a lawsuit that its portrayal of Whoppers on in-store menu boards deceives hungry customers, which amounts to a violation of the contract.
In Australia, Hungry Jack serves as a franchise of Burger King.
The customers who carried the class act lawsuit say Burger King’s promotional pictures show ingredients that “overflow over the bun”, making it seem as if the burgers are 35 percent bigger and include more than double the meat that the chain truly serves.
Burger King disputed that it wasn’t directed to provide burgers that look “exactly like the picture”, but the judge said it was up to judges to “tell us what reasonable people consider”.
In his judgment, which was made on Friday, Altman also allowed the customers to follow negligence-based and unfair enrichment lawsuits.
He discharged lawsuits based on TV and online advertisements, uncovering no Burger King ads that pledged a burger size or patty weight that the company failed to give.
The suers’ lawsuits are wrong, the beef patties displayed in our ads are the exact patties used in the millions of Whopper sandwiches we serve to visitors nationwide, Burger King said in a statement.
Earlier steps to negotiate a compromise demonstrated unsuccessful.
